1. Employee and Employer Contributions
In many 401(k) plans, contributions come from both the employee and the employer. During divorce proceedings, participants often assume the entire vested balance is fair game. But if a portion of the contributions came from employer matches and those funds aren’t fully vested, the alternate payee may not be entitled to those portions.
Make sure your QDRO specifies whether the division applies only to vested amounts, or if it includes future vesting. Clarifying whether the order will include employer match contributions and how those contributions are treated can prevent headaches later. Some plans discard unvested funds as “forfeited” upon the divorce and account division date.

